Editor_4, Author at SCC Times

Calcutta High Court | Infertility cannot be a ground for divorce

Dismissing the revision petition filed for quashing of FIR and criminal proceeding against the petitioner/husband, the Court held that prima facie case of a cognizable offence of cruelty can be make out against the petitioner/husband therefore inherit power of High Court under S. 482 CrPC cannot be exercised.

Case Briefs High Courts

Make “Pathaan” accessible to visually and hearing impaired persons; Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie

The Delhi High Court directs Yash Raj Films to prepare audio description, subtitles, and closed captions for the movie “Pathaan” so that the movie could be made accessible to visually and hearing impaired persons.

Hot Off The Press News

Supreme Court Collegium reiterates Advocate Somasekhar Sundaresan elevation as a Bombay High Court Judge; says he can't be denied judgeship for expressing his views

The Supreme Court Collegium added that there are no indications of Advocate Somasekhar Sundaresan's links with any political parties with strong ideological leanings and emphasised on the right to free speech and expression under Article 19(1)(a) of the Constitution.

Case Briefs High Courts

Allahabad High Court sets aside Ghazipur Sessions Judge order granting superior class to UP-ex MLA Mukhtar Ansari, in prison

Allahabad High Court said that Mukhtar Ansari is a known gangster, a dreaded criminal and bahubali and more than 50 criminal cases have been registered against him.

Case Briefs High Courts

Delhi High Court permits student to take exams who was debarred from school for non-payment of fees; Necessitates the balance between Rights of child and Rights of School

The rights of a child to education have to be balanced with the rights of the school under the DSER, 1973. If the petitioner is unable to pay the fees of the school, the petitioner certainly does not have a right to continue education in the school in question. However, the petitioner cannot be tormented in this manner in the middle of the academic session.

Case Briefs Tribunals/Commissions/Regulatory Bodies

Strong reason required to keep the application in abeyance; NCLAT dismisses appeal finding no error in Adjudicating Authority’s order

The Tribunal observed that an application under S. 12A cannot be entertained after approval of Resolution Plan by CoC.

Legislation Updates Rules & Regulations

Renewal of certificate of registration of Government vehicles, introduced vide Central Motor Vehicles (First Amendment) Rules, 2023

On 17-1-2023, the Ministry of Road Transport and Highways notified Central Motor Vehicles (First Amendment) Rules, 2023 to amend the Central Motor

Appointments & Transfers News

Supreme Court Collegium lauds Saurabh Kirpal for his openness about his sexual orientation; reiterates his recommendation as a Delhi High Court judge

The Supreme Court Collegium stated that every individual is entitled to maintain their own dignity and individuality, based on sexual orientation. Senior Advocate Kirpal's openness about his orientation goes to his credit and rejecting his candidature on this ground would be contrary to the constitutional principles laid down by the Supreme Court.

Case Briefs High Courts

Delhi High Court quashes arbitral award for ineffective delivery of notice and wrong application of Indian laws in a case governing UAE Federal Labour Law

The Court has a duty to ensure compliance with the principles of natural justice and when an award has been passed without complying with the mandatory principles of natural justice, this Court being the custodian of rights and liberties of parties must take its guard to correct the infirmities which have already been carried out.

Case Briefs High Courts

Allahabad High Court upholds orders passed by Sultanpur Court refusing Delhi CM Arvind Kejriwal’s application to quash criminal proceedings for making derogatory remarks against BJP and Congress

If during course of investigation some credible evidence have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.

Case Briefs District Court

Delay in land acquisition compensation; Gurgaon District Court attaches Executive Engineer’s office

‘The bureaucracy defends the status quo long past the time when the quo has lost its status.' Gurgaon Civil Court orders attachment of the office of Executive Engineer, PWD (B&R) due to delay in compensation against land acquired in 1966.

Case Briefs High Courts

Power to recall orders not to be exercised when ground for vacating the judgment was available but not availed; Delhi High Court dismisses application for recall of order

The Delhi High Court dismissed an application filed for “recall of earlier order” under Section 151 of CrPC and held that the settled things could not be permitted to be unsettled at the behest of a person who had not been careful enough with regard to his rights and claims.

Case Briefs Supreme Court

Explained| The tussle between the Delhi Government and the Center as Supreme Court reserves verdict

On the final day of the hearing, Solicitor General, sought reference of Constitution Bench's 2018 judgment which interpreted Article 239 AA of the Constitution and asserted the supremacy of the elected government by stating that Lieutenant Governor was bound by ‘aid and advice' of Council of Ministers.

Case Briefs High Courts

Kerala High Court orders action against Devaswom Guard for misbehaving with the devotees at Sabarimala Temple on Makara Sankranti

Kerala High Court said that in many connected matters it had issued various orders regarding crowd management at Sabarimala, in order to ensure that maximum number of devotees have a comfortable darshan at Sabarimala

Case Briefs High Courts

Delhi High Court rules in the context of the procedure and principles of natural justice to be observed by the Indian Patent Office in a pre-grant opposition to a patent application

In pharmaceutical patents, especially, additional care must be taken to ensure that, by being allowed to evergreen a patent beyond its expiry, the patent holder does not keep others, who may seek to deal in the patented product, out of the market. The ultimate sufferer, in such a situation, would be the ailing public, who seek access to the product.

Case Briefs Supreme Court

Investigating Agencies deserve reasonable time to conduct investigation, Supreme Court sets aside Madras HC order quashing a criminal proceeding in haste

The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.

Case Briefs High Courts

Kerala High Court |Violation of SARFAESI Rules for Sale of property is under DRT’s Scope, beyond Article 226

Kerala High Court dismissed a petition seeking setting aside of sale of property conducted in violation of SARFAESI Rules, and saidthat the relief sought is within the scope of the Debt Recovery Tribunal, and not Article 226 of the Constitution of India.

Cases Reported SCC Weekly

2023 SCC Vol. 1 Part 2

Central Goods and Services Tax Act, 2017 — S. 174(2)(c) — Scope of: First part protects any right, privilege, obligation, etc. under

Case Briefs High Courts

“Schezwan Chutney” is a mere descriptive term; Delhi High Court rejects plea of Capital Food (P) Ltd. of restraining Radiant Indus Chem (P) Ltd. from using the word “Schezwan Chutney”

The Delhi High Court held that “SCHEZWAN CHUTENY” was a mere descriptive term and therefore, Radiant Indus Chem (P) Ltd. could not be stopped from using the same and the Court further held that if protection was granted to the mark “SCHEZWAN CHUTNEY”, then similar protection should also be granted to ‘Tamarind Chutney' or ‘Tomato Chutney', as they were also combinations of words in “English and Hindi”.

Case Briefs Supreme Court

Specific Performance| Supreme Court’s split verdict over a party’s readiness and willingness to perform his part of the contract

While Justice Shah stated that the Kerala High Court has erred in interfering with the judgment of Trial Court of passing a decree for specific performance; Justice Nagarathna affirmed the Judgment of the High Court.